OTS 


MANUFACTURE  AND  SALE 


INTOXICATING  LIQUORS 


CHAPTER  106,  LAWS  OF  UTAH,  1911 


AS  AMENDED  BY 


CHAPTERS  79  and  81 
LAWS  of  UTAH,  1913 


1 800 


PUBLISHED  by  the 
SECRETARY  OF  STATE 


M<s 


■  \n  A 


Manufacture  and  Sale  of  Intoxica- 


Liquors 


AN  ACT  relating  to  the  manufacture,  sale,  exchange,  barter 
and  disposition  of  intoxicating  liquor;  providing  for  the 
licensing  and  regulation  of  the  same ;  providing  for  elec¬ 
tions  in  cities,  towns  and  county  units  to  determine 
whether  the  sale  of  intoxicating  liquors  shall  be  prohibited 
therein;  permitting  sale  in  cities  and  towns  until  a  ma¬ 
jority  of  voters  vote  “Against  sale,”  and  prohibiting  sale 
in  county  units  until  a  majority  of  voters  vote  “for  sale,” 
applying  to  such  elections  Chapter  10,  Tile  21,  Compiled 
Laws  of  Utah,  1-907,  and  also  the  provisions  of  the  Gen¬ 
eral  Election  Laws  of  the  State ;  providing  penalties  and 
punishment  for  the  violation  of  any  of  the  provisions  of 


this  Act;  declaring  certain  rules  of  evidence  and  pleading 
applicable  to  prosecutions  under  this  Act;  providing 
means  for  the  enforcement  of  the  provisions  of  this  Act; 
saving  to  city  councils,  boards  of  county  commissioners 
and  boards  of  town  trustees,  the  power  to  make  further 
regulations  and  restrictions,  in  addition  to,  but  not  in  con¬ 
flict  with  the  provisions  of  this  Act;  repealing  Sections 
1242  to  1260,  both  inclusive,  and  also  sections  126Qx  and 
1260x1,  Compiled  Laws  of  Utah,  1907. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1.  Manufacture,  sale,  etc.,  of  intoxicating 
liquor  prohibited,,  without  license.  Penalty.  Any  per¬ 
son  who  by  himself,  his  clerk,  servant  or  agent  shall 
for  himself,  or  any  person  else,  directly  or  indirectly, 
or  upon  any  pretense,  or  by  any  device,  except  as  pro- 
vided  by  law,  manufacture,  sell,  exchange,  barter,  dispense, 
,  serve,  give  away,  give  in  consideration  of  the  purchase  of  any 
^  property,  or  of  any  service,  or  in  evasion  of  this  act,  or  keep 
{/)  for  sale,  any  intoxicating  liquors  with  intent  to  violate  the 
law,  within  dry  territory,  or  solicit,  take  or  accept  any  order 
to  effect  or  commit  any  of  the  foregoing  acts,  within  dry  ter¬ 
ritory,  or  for  the  shipment,  service  or  delivery  of  any  such 
liquor,  contrary  to  law,  or  own,  keep,  or  be  in  any  way  con- 


2 


cerned,  engaged,  or  employed  in  owning  or  keeping  any  in¬ 
toxicating  liquors,  in  dry  territory,  with  intent  to  violate  any 
provision  of  law,  or  to  authorize  or  permit  the  same  to  be 
done,  in  dry  territory,  shall  be  deemed  guilty  of  a  misde¬ 
meanor. 

Any  person  who  shall  manufacture,  sell,  exchange,  barter, 
give  away  or  otherwise  furnish  intoxicating  liquors  in  wet 
territory,  without  first  procuring  a  license  so 'to  do,  as  pro¬ 
vided  by  law,  shall  be  deemed  guilty  of  a  misdemeanor. 

Section  2.  Definition  of  Terms.  The  terms  “intoxicat¬ 
ing  liquors”  as  used  in  Chapter  106,  Laws  of  Utah,  1911,  shall 
be  construed  to  mean  any  spirituous,  vinous,  fermented  or 
malt  liquor  that  may  be  used  as  a  beverage  and  produces  in¬ 
toxication,  and  all  mixtures  or  preparations  thereof  that  may 
be  used  as  a  beverage  and  produce  intoxication. 

The  words  “dry  territory”  as  used  in  the  law  relating  to 
the  manufacture  and  sale  of  intoxicating  liquor,  shall  be  con¬ 
strued  to  mean  all  territory  within  the  State  except  such  vot¬ 
ing  units  wherein  an  election  has  been  held  and  the  majority 
of  the  qualified  electors  have  voted  “for  sale.” 

The  words,  “wet  territory,”  as  used  in  the  law  of  this 
State  relating  to  the  manufacture  and  sale  of  intoxicating 
liquors  shall  be  construed  to  mean  such  voting  units  wherein 
an  election  has  been  held  and  the  majority  of  the  qualified 
electors  have  voted  “for  sale.” 

Section  3.  Who  may  grant  licenses.  The  city  councils 
of  cities  of  the  first  and  second  class  in  their  respective  cities 
under  and  by  order  of  the  District  Court  of  the  county  in  which 
said  city  or  cities  may  be  situate  as  in  this  act  provided  and 
the  city  councils  of  cities  of  the  third  class,  in  their  respective 
cities,  and  the  boards  of  trustees  in  incorporated  towns  are 
hereby  authorized  to  grant  licenses  for  the  manufacture  or 
sale  of  intoxicating  liquors,  as  in  this  act  provided. 

The  boards  of  county  commissioners  in  their  respective 
county  units  shall  have  no-  authority,  except  as  in  section  4 
of  this  act  provided,  to  grant  licenses  for  the  manufacture 
or  sale  of  intoxicating  liquors;  provided,  that  in  case  a  ma¬ 
jority  of  the  voters  voting  at  any  election  in  any  county  unit 
vote  “For  Sale,”  as  hereinafter  provided,  then  licenses  may 
be  issued  by  the  boards  of  county  commissioners  of  the  coun¬ 
ties  so  voting,  under  the  terms  of  this  act ;  provided  further, 


3 


that  no  license  shall  be  granted  by  any  board  of  county  com¬ 
missioners  for  the  sale  of  intoxicating  liquors  at  any  place 
within  five  miles  of  any  city  or  town  voting  “Against  Sale.’’ 

Any  application  for  a  license  to  sell  intoxicating  liquors 
may  be  refused  for  good  cause  in  the  discretion  of  the  Dis¬ 
trict  Court  of  the  county  in  which  the  city  of  the  first  and 
second  class  wherein  license  is  sought  may  be  situate,  the 
city  council  of  the  city  of  the  third  class,  the  board  of  trustees 
of  the  town  or  the  board  of  county  commissioners  of  the 
county. 

In  cities  of  the  first  and  second  class,  after  the  bond  of 
the  applicant  shall  be  approved  as  herein  required,  the  appli¬ 
cation  for  a  license  together  with  the  bond  shall  be  filed 
promptly  by  the  city  recorder  of  the  city  wherein  the  appli¬ 
cation  is  made  with  the  District  Court  or  the  clerk  thereof  of 
the  county  in  which  said  city  is  located  and  upon  the  District 
Court  in  such  county  making  an  order  that  the  license  shall 
issue  upon  such  application  the  clerk  of  the  court  shall  trans¬ 
mit  a  certified  copy  of  such  order  and  the  copy  of  the  appli¬ 
cation  and  bond  to  the  city  recorder  of  the  city  wherein  the 
application  is  made ;  whereupon  the  city  council  of  such  city 
shall  cause  the  license  to  issue  as  herein  authorized  and  no 
such  license  shall  issue  until  the  District  Court  has  made  the 
order  herein  specified. 

Section  4.  Manufacturers.  None  of  the  provisions  of  this 
act  shall  be  construed  as  prohibiting  or  intended  to  prohibit 
the  manufacture  of  intoxicating  liquors  or  the  disposal  thereof 
at  wholesale  at  the  place  where  manufactured  and  any  manu¬ 
facturer  thereof  shall  have  the  right  to  manufacture  and  dis¬ 
pose  of  the  same  at  wholesale  at  the  place  where  manufactured 
by  obtaining  a  license  therefor  and  by  complying  with  the 
other  provisions  of  this  act,  and  of  all  other  laws  of  this 
State  relating  to  the  manufacture  of  intoxicating  liquors  and 
the  sale  thereof  at  wholesale,  notwithstanding  the  result  of 
any  election  provided  for  in  this  act  in  any  voting  unit  cre¬ 
ated  hereunder;  provided,  that  no  license  shall  be  issued  to 
any  manufacturer  who  was  not  legally  engaged  in  the  manu¬ 
facture  of  intoxicating  liquor  at  the  time  of  holding  any  elec¬ 
tion  at  which  a  majority  of  the  voters  vote  “Against  Sale.” 

Section  5.  To  whom  licenses  may  not  be  issued.  Ex¬ 
ceptions.  No  license  under  this  act  shall  be  granted  to  any 


4 


person  except  to  a  male  person  over  twenty-five  years  of  age, 
or  to1  a  partnership  consisting  of  male  persons,  all  of  whom 
are  over  the  age  of  twenty-five  years,  nor  to  any  applicant 
who  is  not  a  citizen  of  the  United  States,  and  of  the  State  of 
Utah,  nor  who  does  not  possess  a  good  moral  character,  nor 
to  any  person  or  partnership  who  is  not  the  owner  of  at  least 
all  of  the  personal  property  used  in  the  conduct  of  the  busi¬ 
ness  for  which  the  license  is  granted  as  a  retailer,  nor  when 
such  property  is  incumbered  in  excess  of  one-half  of  its  ac¬ 
tual  value,  which  incumbrance  shall  not  be  voluntarily  in¬ 
creased  during  the  term  for  which  a  license  is  granted ;  nor 
to  any  person,  either  directly  or  indirectly,  who-  is  a  member 
of  any  city  council,  board  of  trustees  or  board  of  county  com¬ 
missioners  in  any.  city,  town  or  county  in  which  such  license 
is  applied  for;  nor  shall  any  license  be  granted  to  sell  intoxi¬ 
cating  liquors  in  any  place,  except  to  a  drug  store  or  hotel, 
which  is  located  within  three  hundred  feet  of  any  public  school 
or  church,  nor  outside  the  limits  of  the  business  district  of 
any  city  or  town.  The  mayor  and  city  council  in  their  re¬ 
spective  cities,  and  the  board  of  trustees  in  their  respective 
towns,  shall  from  time  to  time  determine  and  fix  such  limits 
for  the  purposes  of  this  act.  No  license  shall  be  granted  to 
any  person  or  partnership  if  such  person  or  any  partner  of 
such  firm  has  previously  violated  or  has  been  convicted  of  vio¬ 
lation  of  any  of  the  provisions  of  this  act,  or  who'  is  an 
habitual  drunkard  or  is  addicted  to  the  use  of  intoxicating 
liquors  to  excess,  nor  shall  any  retail  license  be  granted  to 
any  corporation,  except  to  bona  fide  clubs.  Such  club  license 
shall,  however,  be  granted  in  the  name  of  some  individual 
member  to  be  designated  in  the  application  as  the  applicant 
for  the  license,  and  who  shall  possess  the  qualifications,  ex¬ 
cept  ownership  of  property,  required  by  this  act  of  individual 
applicants,  and  who  shall  be  responsible,  both  civilly  and 
criminally,  in  case  of  any  violation  of  any  of  the  provisions 
of  this  act,  the  same  as  any  individual  licensee  under  this 
act  would  be. 

Licenses  may,  however,  be  granted  to  individuals,  part¬ 
nerships  or  corporations  engaged  in  the  manufacture  of  liquors 
or  sale  at  wholesale  only. 

Section  6.  Definition  of  terms  used  in  this  act.  A 

“Dwelling  House”  is  defined  as  a  place  used  as  a  home  of  a 


5 


family,  but  shall  not  include  any  building  in  which  a  tavern, 
eating  house,  rooming  house,  store,  or  other  place  of  public 
resort  is  kept. 

A  “Brewer”  is  defined  as  a  person,  partnership  or  corpor¬ 
ation  engaged  in  manufacturing  fermented  or  malt  liquors  and 
disposing  of  the  same. 

A  “Vintner”  is  defined  as  a  person,  partnership  or  corpor¬ 
ation  engaged  in  manufacturing  wine  from  grapes. 

A  “Distiller”  is  defined  as  a  person,  partnership  or  cor¬ 
poration  engaged  in  manufacturing  distilled  spirits  and  dis¬ 
posing  of  the  same. 

A  “Hotel”  is  defined  as  a  place  or  house,  containing 
twenty-five  or  more  rooms  for  entertaining  strangers  or  trav¬ 
elers. 

A  “Club”  is  defined  as  a  corporation  formed  solely  for 
business  or  social  purposes,  and  which  may  incidentally  de¬ 
sire  to  dispose  of  intoxicating  liquors  to  its  members  and  their 
bona  fide  guests  only,  which  is  the  bona  fide  owner  of  real 
property  of  at  least  $5,000  in  value  and  whose  annual  member¬ 
ship  dues  amount  to  not  less  than  $12  per  year.  No-  organi¬ 
zation,  not  duly  incorporated,  shall  be  regarded  as  a  club. 

A  “Druggist  or  Pharmacist”  is  defined  ‘as  a  person,  part¬ 
nership  or  'corporation  which  compounds  or  disposes  of  drugs 
or  medicines,  and  in  the  course  of  its  business  also  disposes 
of  intoxicating  liquors  not  to  be  consumed  upon  the  premises. 

A  “Wholesale; Dealer”  is  defined  as  a  person,  partnership 
or  corporation  which  disposes  of  intoxicating  liquors  in 
quantities  not  less  than  five  wine  gallons,  except  to  a  duly 
licensed  liquor  dealer. 

A  “Retail  Dealer”  is  defined  as  a  person  or  partnership 
which  disposes  of  intoxicating  liquors  in  quantities  of  less 
than  five  wine  gallons,  which  may  be  consumed  on  the  prem¬ 
ises. 


Section  7.  Amount  of  license  to  be  fixed.  Limit.  City 
councils,  boards  of  trustees  and  boards  of  county  commission¬ 
ers  shall  fix  the  amounts  to  be  paid  for  licenses  within  the 
following  limits:  For  annual  licenses,  excluding  cost  and 
expense  incident  to  application  for  license; 

Retail  dealer,  not  less  than  $600  and  not  more  than  $2,000; 

Wholesale  dealer,  not  less  than  $400  and  not  more  than 

$1,000; 


6 


Distiller,  not  less  than  $400  and  not  more  than  $1,000; 

Druggists  or  pharmacists,  in  voting  units  voting  “For 
Sale/’  not  less  than  $200  and  not  more  than  $600; 

Brewers  operating  a  brewery  with  an  annual  capacity  not 
exceeding  five  thousand  barrels,  not  less  than  $250;  with  an 
annual  capacity  over  five  thousand  barrels  and  not  exceeding 
twenty-five  thousand  barrels,  not  less  than  $500;  with  an  an¬ 
nual  capacity  of  over  twenty-five  thousand  barrels,  and  not 
exceeding  fifty  thousand  barrels,  not  less  than  $750;  with  an 
annual  capacity  over  fifty  thousand  barrels  and  not  exceeding 
seventy-five  thousand  barrels,  not  less  than  $1,000;  with  an 
annual  capacity  of  over  seventy-five  thousand  barrels,  not 
less  than  $1,250  per  annum. 

Clubs,  not  less  than  $400  and  not  more  than  $2,000. 

Section  8.  License  to  be  paid  to  treasurer  of  city,  town, 
or  county.  Term.  No  license  shall  be  granted  or  become  ef¬ 
fective  until  the  applicant  shall  have  paid  to  the  treasurer  of 
the  city,  town  or  county  within  which  the  license  is  granted, 
and  shall  have  presented  to  the  city  council,  board  of  trustees 
or  board  of  county  commissioners,  the  official  receipt  of  such 
treasurer  showing  that  the  applicant  has  paid  into  the  treasury 
of  such  city,  town  or  county,  the  amount  of  money  required 
by  law  or  ordinance  for  a  license.  No  license  shall  be  granted 
for  a  longer  term  than  one  year,  nor  for  a  shorter  term  than 
three  months ;  and  all  licenses  for  a  period  less  than  one 
year,  except  as  otherwise  provided  in  this  act,  shall  be  at 
the  rate  of  not  less  than  two  hundred  dollars  for  each  and 
every  month,  or  fraction  thereof.  Where  licenses  are  granted 
for  the  whole  year,  or  for  a  period  of  six  months  or  more,  the 
amount  of  the  license  may  be  paid  in  quarterly  installments, 
and  if  so  paid  must  be  paid  not  later  than  noon  of  the  first 
day  of  April,  July,  October  and  January.  No  license  for  a 
club  shall  be  granted  for  less  than  the  annual  license  fee,  re¬ 
gardless  of  the  period  for  which  the  same  is  granted. 

Section  9.  Applications.  Contents.  All  applications  for 
licenses  shall  be  filed  with  the  city  recorder,  town  clerks,  or 
county  clerks,  as  the  case  may  be,  and  such  applications  must 
state  the  applicant’s  name  in  full,  and  that  he  has  complied 
with  the  requirements,  and  possesses  the  qualifications  speci¬ 
fied  in  section  five  of  this  act,  and  if  the  applicant  is  a  co-part- 


7 


nership  the  names  of  all  the  partners  must  be  stated.  In  case 
of  a  club,  the  application  must  state  the  general  object  or  pur¬ 
pose  thereof,  and  must  also  state  that  the  sale  of  liquors  will 
be  strictly  confined  to  the  members  thereof  and  their  bona 
fide  guests,  and  will  be  sold  only  for  consumption  in  the  club 
rooms.  All  applications  must  be  subscribed  by  the  applicant, 
who  must  state,  under  oath,  that  the  facts  stated  therein  are 
true  to  the  best  of  his  knowledge  and  belief.  Applications  by 
firms  or  co-partnerships  must  be  subscribed  and  sworn  to  to 
the  effect  above  stated  by  all  of  the  members  thereof.  In  ad¬ 
dition  to  the  foregoing,  the  application  shall  contain  a  certifi¬ 
cate  of  at  least  five  resident  freeholders  of  the  voting  district 
in  which  the  license  is  to  be  effective,  to  the  effect  that  each 
of  the  persons  aforesaid  personally  know  the  applicant,  that 
he  is  a  man  of  good  moral  character,  and  that  in  their  opinion 
he  is  a  fit  and  proper  person  to  be  granted  a  license.  In  case 
of  a  firm  or  co-partnership,  the  foregoing  certificate  shall  be 
made  to  cover  all  of  the  members.  No  application  shall  be 
accepted  or  filed  by  the  city  recorder,  town  clerk  or  county 
clerk  unless  the  statements  therein  contained  substantially 
conform  to  the  foregoing  provisions,  and  is  certified  to  as 
aforesaid. 

Section  10.  Revocation  of  licenses.  The  District  Court 
of  the  several  countiesi  in  which  cities  of  the  first  and  second 
class  may  be  situated,  city  councils  of  cities  of  the  third  class, 
board  of  trustees  or  board  of  county  commissioners,  for  viola¬ 
tion  of  any  of  the  provisions  of  this  act  or  any  ordinance,  or 
for  any  other  good  cause,  and  upon  not  less  than  three  days’ 
notice  to  the  licensee  of  the  grounds  of  the  complaint,  name 
of  complainant,  and  of  the  time  and  place  at  which  the  pro¬ 
posed  revocation  will  be  considered,  may  revoke  a  license 
granted  within  the  city,  town  or  county,  as  the  case  may  be. 
For  the  purpose  of  carrying  out  the  provisions  of  this  section, 
the  District  Court,  city  council,  board  of  trustees  or  board  of 
county  commissioners,  as  the  case  may  be,  'shall  have  power 
to  issue  or  cause  to  be  issued  subpoenas  and  to  compel  the 
attendance  of  witnesses  and  to  administer  oaths.  All  com¬ 
plaints  under  this  section  shall  be  in  writing,  signed  by  the 
complainants  and  filed  with  the  recorder  or  clerk,  as  the  case 
may  be.  The  District  Courts  of  the  several  counties  wherein 
are  situated  cities  of  the  first  and  second  class  shall  make  and 


8 


enforce  rules  of  procedure  and  practice  upon  application  for 
license,  hearing  of  protests  upon  applications,  and  the  revoca¬ 
tion  of  licenses  so  that  such  matters  may  be  speedily  tried  and 
determined  in  accordance  with  justice  and  right. 

Section  11.  Bond.  No  license  shall  be  granted  to  any 
applicant  under  this  act  unless  such  applicant  shall  have  exe¬ 
cuted  and  delivered  to  the  city  council,  board  of  trustees,  or 
board  of  county  commissioners  issuing  the  license,  a  bond  in 
the  penal  sum  of  three  thousand  dollars,  payable  to  the  city, 
town  or  county,  as  the  case  may  be,  issuing  the  license,  with 
at  least  two  good  and  sufficient  sureties  who  shall  be  free¬ 
holders  of  the  county  in  which  the  license  is  granted,  or  in 
lieu  of  such  sureties  the  applicant  may  furnish  a  bond  in  the 
penal  sum  aforesaid,  executed  by  some  surety  company  who 
is  authorized  to  do  business  in  this  State.  If  said  bond  be 
in  proper  form,  it  shall  be  approved  and  filed  by  the  city  re¬ 
corder,  town  clerk,  or  county  clerk.  The  bond  shall  be  con¬ 
ditioned  that  the  licensee  will  not  violate  any  of  the  provisions 
of  this  act,  or  any  ordinance  under  which  such  license  is 
granted ;  that  he  will  pay  all  damages,  fines,  penalties  and 
forfeitures  that  may  be  adjudged  against  him  under  the  pro¬ 
visions  of  this  act.  The  bond  to  be  taken  in  each  case  may 
be  substantially  in  the  following  form : 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  that  we 

A.  B.  of . . . . . as  principal  and 

C.  D.  and  E.  F.  of . . . . . . . as  sureties, 

are  held  and  firmly  bound  unto  the  city,  town  or  county  of 

. . . . ,  State  of  Utah,  in  the  sum  of  three 

thousand  dollars,  to  which  payment  well  and  truly  to  be  made 
we  bind  ourselves  and  our  legal  representatives. 

Sealed  with  our  seals  this . day  of . . . 

A.  D.  19 . 

The  condition  of  this  obligation  is  such,  that  whereas  the 
above  bounden  A.  B.  has  this  day  been  licensed  by  License 

No . . . , . by  the  mayor  and  city  council  of  the  city 

of . . .  (or  of  trustees  of  the  town  of 

. _ . . . . or  the  county  commissioners 

of  the  county  of . . . )  in  the  county  of 

. Now  if  the  said  A.  B.  shall  well  and  truly  com¬ 
ply  with  all  the  provisions  of  law  and  ordinances  relating  to 


9 


the  sale  of  intoxicating  liquors,  and  shall  also  pay  all  dam¬ 
ages,  fines,  penalties  and  forfeitures  incurred  by  violation  of 
such  provisions  of  law  and  ordinances,  and  all  other  damages 
recoverable  under  the  provisions  of  the  law  relating  to  the 
sale  of  intoxicating  liquors,  then  this  bond  shall  be  void,  but 
otherwise  in  force. 


Principal. 


Sureties. 

No  person  who  is  a  principal  or  surety,  except  a  surety 
company,  upon  any  bond  given  under  this  act,  shall  be  per¬ 
mitted  to  become  a  surety  upon  any  other  bond  of  like  charac¬ 
ter.  Each  surety,  except  as  aforesaid,  shall  make  a  written 
statement,  under  oath,  that  he  is  not  a  surety  upon  any  other 
bond  given  under  the  provisions  of  said  section,  and  such 
statement  shall  be  kept  on  file  with  the  bond.  No  such  bond 
shall  be  accepted  or  approved  until  each  surety  has  made  and 
subscribed  a  statement  under  oath  that  he  is  worth  not  less 
than  three  thousand  dollars  over  and  above  all  liabilities  and 
indebtedness  and  all  property  exempt  from  execution,  and  the 
statement  so  made  shall  designate  sufficient  property,  real 
or  personal,  to  cover  the  requirements  of  the  bond,  and  shall 
be  kept  on  file  with  the  bond  in  connection  with  which  said 
statement  is  made. 

Section  12.  Liability  of  licensees.  Actions.  All  li¬ 
censees  under  this  act  shall  be  liable  for  and  be  required  to 
pay  all  damages  that  the  community  or  individuals  may  sus¬ 
tain  in  consequence  of  the  sale  of  and  traffic  in  intoxicating 
liquors.  A  married  woman  shall  have  a  right  of  action  against 
a  licensee,  or  his  bondsmen  or  both,  for  loss  of  support  of  her¬ 
self  and  minor  children,  and  she  may  maintain  such  action  in 
her  own  name ;  Provided  that  in  order  to  avail  herself  of 
the  provisions  of  this  Act  she  shall  have  notified  the  licensee 
in  writing  not  to  sell  liquor  to  her  husband.  In  such  action 
it  shall  only  be  necessary  to  prove  that  the  licensee  or  his 
agent  has  sold  or  given  intoxicating  liquors  to  her  husband, 
and  that  by  reason  thereof  he  became  disqualified  to  provide 
for  her,  or  for  his  minor  children.  Any  licensee  under  this 
act,  who  shall  sell  or  give  to  any  person  who  is  already  in- 


10 


toxicated  or  visibly  under  the  influence  of  liquor,  any  in¬ 
toxicating  liquors,  shall  be  liable  to  such  person  for  actual 
damages  sustained  by  him  by  reason  of  any  injury  that  such 
person  may  sustain  by  reason  of  his  intoxicated  condition,  in 
case  such  person  by  reason  of  such  condition  has  temporarily 
lost  control  of  his  faculties  and  by  reason  thereof  is  injured. 
Such  action  may  be  maintained  in  the  name  of  the  injured 
person. 

Section  13.  How  actions  may  be  brought.  Any  person 
desiring  to  bring  an  action  under  the  provisions  of  this  act 
shall  upon  application  to  any  city  recorder,  town  clerk  or 
county  clerk,  upon  paying  the  sum  of  one  dollar  therefor,  be 
entitled  to  receive  a  certified  copy  of  any  bond  given  under 
the  provisions  of  this  act.  Such  copy  when  certified  to  under 
the  hand  and  seal  of  the  recorder,  town  clerk,  or  county  clerk, 
shall  be  received  in  evidence  upon  the  trial  of  any  cause  with¬ 
out  accounting  for  or  proving  the  execution  of  the  original. 

Section  14.  Id.  Actions  on  the  bond  provided  for  in  this 
act  for  damages  or  forfeitures  may  be  brought  in  any  court 
having  jurisdiction  of  the  amount  claimed  regardless  of  the 
penalty  fixed  in  the  bond.  Successive  actions  may  be  brought 
upon  any  bond  in  any  court  having  jurisdiction  until  the 
penalty  named  in  the  bond  has  been  fully  exhausted.  In  any 
such  action,  it  shall  not  be  necessary  for  the  plaintiff  to  allege 
and  prove  the  amount  of  the  penalty  which  remains  unex¬ 
hausted,  but  it  shall  be  the  duty  of  the  defendants  to  allege 
&nd  prove  such  fact,  if  it  be  a  fact,  and  a  failure  to-  do  so 
upon  their  part  shall  constitute  a  waiver,  and  the  bond  shall 
be  treated  for  the  purpose  of  the  action  as  a  full  bond. 

Section  15.  Sale  of  liquor  upon  prescription.  Any  reg¬ 
istered  pharmacist  may,  within  any  city,  town  or  county  unit 
which-  may  vote  “Against  Sale,”  as  hereinafter  provided,  sell 
and  furnish  intoxicating  liquors  for  medicinal  purposes  only, 
upon  the  written  prescription  of  a  regularly  practicing  phy¬ 
sician  of  this  State,  in  the  manner  herein  provided.  The  pre¬ 
scription  shall  contain  the  name  of  the  person  prescribed  for, 
the  quantity  and  kind  of  liquor  prescribed,  and  shall  be  signed 
by  the  prescribing  physician.  No  prescription  shall  be  filled 
hereunder  except  upon  the  day  upon  which  dt  is  dated  and 
issued,  or  upon  the  following  day.  On  the  first  day  of  June 


11 


and  January  of  each  year,  the  registered  pharmacist  shall  file 
all  said  prescriptions  filled  within  the  preceding  six  months, 
with  the  city  recorder,  town  clerk  or  county  clerk,  as  the 
case  may  be,  of  the  city,  town  or  county  unit  in  which  such 
prescriptions  are  filled,  and  a  certified  copy  of  the  .same,  or 
the  original  prescription,  shall  be  prima  facie  evidence  in  any 
court  in  this  State.  Such  prescriptions  shall  at  any  time  after 
having  been  filled  be  open  to  public  inspection.  A  fee  of  one 
dollar  for  each  lot  of  prescriptions  so  filed  shall  be  paid  by 
such  druggist  to  the  city  recorder,  town  clerk  or  county 
clerk,  as  the  case  may  be.  No  prescription  shall  be  refilled, 
nor  shall  more  than  one  quart  be  furnished  on  one  prescrip¬ 
tion.  Nothing  in  this  act  shall  be  construed  to>  prevent  drug¬ 
gists  or  registered  pharmacists  furnishing  or  selling  intoxicat¬ 
ing  liquors  in  wholesale  quantities  to  registered  pharmacists, 
to  public  or  charity  hospitals,  to  medical  or  pharmaceutical 
colleges,  or  to  scientific  schools  or  institutions.  All  druggists 
or  registered  pharmacists  shall  keep  a  complete  record  of  all 
sales  at  wholesale  of  intoxicating  liquor,  which  record  shall  at 
all  times  be  open  to  inspection  of  the  peace  officer  of  any 
city,  town  or  county.  No1  physician  shall  issue  a  prescription 
except  for  a  bona  fide  medical  purpose. 

Section  16.  Revocation  of  license  of  physician,  druggist 
or  pharmacist.  After  the  second  conviction  of  any  physician, 
druggist  or  pharmarcist  for  violating  any  of  the  provisions  of 
this  act,  it  shall  be  a  part  of  the  judgment  of  conviction  that 
his  license  to  practice  medicine,  pharmacy  or  dispense  drugs 
is  revoked,  and  the  court  before  whom  such  person  shall  be 
tried  and  convicted  shall  cause  a  certified  copy  of  such  judg¬ 
ment  of  conviction  to  be  certified  to  the  State  board  having 
authority  to  issue  such  a  license.  After  revocation,  no  license 
shall  ever  be  granted  to  the  person  whose  license  is  revoked 
to  practice  medicine,  pharmacy  or  dispense  drugs  in  the  State 
of  Utah. 


Section  17.  Sale  of  certain  “patent”  medicines  prohibited. 
Exception.  No  druggist  or  other  person  within  any  city, 
town  or  county  unit  voting  “Against  Sale,”  shall  sell,  dispose 
of  or  give  away  any  proprietary,  patent  or  compound  medi¬ 
cines  classed  by  the  U.  S.  Commissioners  of  Internal  Revenue 
as  subject  to  the  U.  S.  Internal  Special  Tax  as  an  intoxicating 


12 


liquor  insufficiently  medicated  to  render  them  unsuitable  as 
beverages,  except  upon  the  prescription  of  a  licensed  and 
practicing  physician  of  this  State. 

Section  18.  Sale  of  alcohol  or  wines  for  special  purposes 
permitted.  Nothing  in  this  act  shall  prohibit  the  sale  by  li¬ 
censed  pharmacists  or  wholesale  druggists  within  any  city, 
town  or  county  unit,  which  may  vote  “Against  Sale,”  of 
alcohol  for  art,  scientific  or  mechanical  purposes  or  wines  to 
church  officials  for  sacramental  purposes.  A  record  of  each 
sale  shall  be  made  and  preserved  in  a  book  kept  for  that  pur¬ 
pose,  signed  by  the  person  receiving  the  same ;  which  record 
shall  be  open  to  public  inspection.  No  person  shall  purchase 
any  such  alcohol  or  wines  for  any  use  other  than  stated  in  this 
section. 

Section  19.  Sale  by  druggists  and  pharmacists  prohibited, 
except  for  medicinal  purposes.  No  druggist  or  licensed  pharm¬ 
acist  shall,  within  this  state,  sell,  exchange,  barter,  give  away 
or  otherwise  furnish  for  consumption  on  the  premises  in 
which  he  is  licensed  to  dispense  drugs  or  in  any  place  in  any 
way  connected  therewith,  any  intoxicating  liquors,  except  for 
medicinal  purposes,  as  herein  provided. 

Section  20.  Manufacturers  and  wholesalers  not  to  be  in¬ 
terested  in  procuring  retail  license.  Exception.  It  shall  be 

unlawful  for  any  person,  partnership  or  corporation  engaged 
in  the  manufacture  or  sale  at  wholesae  of  intoxicating  liquors, 
or  any  agent,  officer  or  employee  of  any  such  person,  partner¬ 
ship  or  corporation,  to  aid  or  assist  in  any  manner,  directly 
or  indirectly,  under  pretext  or  otherwise,  in  the  application  for 
or  procuring  of  license  for  the  sale,  at  retail  of  intoxicating 
liquors  in  this  state,  or  to  engage  in  or  in  any  manner  become 
interested,  under  pretext  or  otherwise,  in  the  retail  traffic  in 
such  liquors  in  this  state ;  provided,  however,  that  a  manu¬ 
facturer  or  wholesaler  of  intoxicating  liquor  other  than  a 
corporation  may  have  not  to  exceed  one  retail  license. 

Section  21.  Id.  Not  to  construct  or  rent  premises  for 
retail  business.  It  shall  be  unlawful  for  any  person,  corpora¬ 
tion  or  association  engaged  in  the  manufacture,  or  sale  at 
wholesale  of  intoxicating  liquors,  or  his,  its  or  their  officers, 
agents  or  employees  to  construct  for,  or  let  to  any  person,  di- 


13 


rectly  or  indirectly,  under  pretext  or  otherwise,  any  building, 
room,  shed,  apartment,  structure  or  place  on,  or  in  which  to 
conduct  the  retail  sale  of  intoxicating  liquors. 

Section  22.  Soliciting  unlawful  aid  or  assistance.  It 
shall  be  unlawful  for  any  person  to  solicit  or  receive  from  any 
person,  corporation,  or  association  engaged  in  the  manufacture 
or  sale  of  intoxicating  liquors,  or  his,  its  or  their  officers, 
agents  or  employees,  any  aid  or  assistance  directly  or  indi¬ 
rectly  under  pretext  or  otherwise,  in  the  securing  or  use  of 
any  license  for  the  retail  sale  of  any  intoxicating  liquors  in 
this  State,  or  to  lease,  occupy  or  use,  directly  or  indirectly, 
under  pretext  or  otherwise,  any  building,  room,  shed,  apart¬ 
ment,  structure  or  place  owned  or  controlled  by.  any  such 
person,  corporation,  or  association  engaged  in  the  manufac¬ 
ture,  or  sale  at  wholesale  of  intoxicating  liquors,  or  any 
trustee  of  any  such  person  or  corporation,  on  or  in  which  to 
conduct  the  retail  sale  of  any  intoxicating  liquors  in  this 
State. 

Section  23.  Employment  of  minors  prohibited.  No 
holder  of  a  license  for  the  sale  at  retail  of  intoxicating  liquors 
shall  employ  any  person  under  the  age  of  twenty-one  years  to 
serve  such  liquors  to  be  drunk  on  the  premises. 

Section  24.  Id.  No  person,  partnership  or  corporation 
shall  employ  a  minor  under  the  age  of  twenty-one  years  in 
handling  intoxicating  liquors  or  packages  containing  such 
liquors  in  a  brewery  or  bottling  establishment,  in  which  such 
liquors  are  prepared  for  sale  or  offered  for  sale. 

Section  25.  Opening  and  closing  of  saloons.  It  shall  be 
unlawful  for  any  licensed  retail  dealer  by  himself,  clerk  or 
servant  to  keep  his  placd.  of  business  open  on  the  day  of  any 
general  or  special  election,  or  on  Sunday,  or  between  the  hours 
of  10  p.  m.  Standard  time  on  any  day  and  6  o’clock  a.  m.  the 
following  morning,  except  that  in  cities  of  the  first  and  sec¬ 
ond  class,  it  shall  be  lawful,  unless  otherwise  provided  by  ord¬ 
inance  in  such  cities,  for  such  places  of  business  to'  remain 
open  between  the  hours  of  6  o’clock  a.  m.  and  12  o’clock  mid¬ 
night,  and  it  shall  be  unlawful  for  any  such  licensee  to  sell, 
barter,  give  away  or  otherwise  furnish  intoxicating  liquors 
within  the  hours  during  which  the  place  of  business  of  such 


14 


licensee  is  herein  required  to  be  closed.  It  shall  be  unlawful 
for  any  club,  druggist  or  pharmacist  to  sell,  exchange,  barter, 
give  away  or  otherwise  furnish  any  intoxicating  liquors  be¬ 
tween  the  hours  of  12  o’clock  p.  m.,  standard  time,  on  any 
day  and  6  o’clock  a.  m.  the  following  day;  provided,  that  drug¬ 
gists  and  pharmacists  may  sell  intoxicating  liquors  between 
such  hours  for  medicinal  purposes  only.  City  councils,  boards 
of  trustees  and  county  commissioners,  may  shorten,  but  shall 
not  increase,  the  hours  during  which  intoxicating  liquors  may 
be  sold  as  herein  provided. 

Section  26.  Saloons  must  be  vacated  after  hour  of  clos¬ 
ing.  Exception.  It  shall  be  unlawful  for  any  licensed  retail 
dealer  by  himself,  agent  or  servant,  to  permit  anyone  to  re¬ 
main  in  the  saloon  after  the  hour  of  closing,  as  provided  in 
the  preceding  section,  but  at  the  time  when  such  saloon  should 
be  closed,  he  shall  require  all  persons  to  at  once  vacate  the 
premises  and  see  that  the  doors  are  securely  closed  and  locked ; 
provided,  however,  that  the  dealer,  his  agent  or  servant  may 
remain  in  the  saloon  for  thirty  minutes  after  the  hour  of  clos¬ 
ing,  and  that  on  Sunday  the  saloon  keeper  or  his  employee 
may  enter  said  saloon  for  the  purpose  of  attending  to  the  fires 
and  lights,  and  for  no  other  purpose. 

Section  27.  Retailing;  sales  confined  to  one  Room, 
Hotels;  proviso.  No  licensed  retail  dealer,  by  himself,  agent 
or  servant,  except  clubs,  and  pharmacists,  shall  sell  or  expose 
for  sale,  barter,  give  away  or  otherwise  furnish  any  intoxicat¬ 
ing  liquors,  except  in  a  single  room,  which  shall  contain  no 
booths,  curtains,  or  partitions  except  such  as  may  be  neces¬ 
sary  for  the  sole  purpose  of  screening  said  room  from  the 
public  gaze  from  the  street  or  exterior ;  provided,  that  a 
screened  or  partitioned  water  closet  may  be  maintained  in 
such  single  room ;  provided,  further,  that  nothing  contained  in 
this  section  shall  prevent  the  serving  in  public  dining  rooms 
of  intoxicating  liquor  with  meals ;  provided,  further,  that  any 
firm'  or  person  engaged  in  the  hotel  business  and  licensed  to 
sell  intoxicating  liquors  in  a  hotel  building  having  not  less 
than  one  hundred  twenty-five  bedrooms,  may  deliver  intoxicat¬ 
ing  liquors  to  be  served  at  all  meals  in  said  hotel,  from  a 
service  bar  or  store  room  separate  and  apart  from  the  room 
in  which  such  retail  liquor  business  is  licensed  to  be  con¬ 
ducted. 


15 


During  the  time  when  places  where  intoxicating  liquors 
are  sold  are  required  by  law  to  be  closed,  all  blinds,  screens 

•  and  curtains  shall  be  withdrawn  from  the  doors  and  windows 
of  such  places,  and  the  interior  doors,  screens,  blinds  and  cur¬ 
tains  shall  be  so  opened  that  an  unobstructed  view  of  the 

#  interior  of  such  places  may  be  had  from  the  sidewalk  or  ex¬ 
terior  of  all  such  places. 

Section  28.  Saloons  must  be  conducted  in  an  orderly 
manner.  Gambling  or  entertainment  forbidden.  The  licensed 
premises  shall  be  conducted  in  a  quiet,  orderly  manner;  there 
shall  be  no  gambling  or  gaming  with  cards,  dice,  billiards  or 
any  other  device,  nor  any  music,  phonograph,  or  other  form 
of  amusement  or  entertainment,  or  free  lunch,  nor  lunch  for 
which  money  is  paid,  in  the  room  where  said  business  is  car¬ 
ried  on ;  there  shall  be  no  nude,  obscene  or  impure  decorations, 
pictures,  inscription,  placards  or  any  such  thing  in  the  place; 
no  female  shall  be  employed  in  the  place ;  no  woman,  minor, 
drunkard  or  intoxicated  person  shall  be  allowed  in  the  room ; 
there  shall  be  no  chairs,  benches,  nor  any  other  furniture  in 
the  room  except  behind  the  bar,  and  only  such  behind  the  bar 
as  is  necessary  for  the  attendants. 

Section  29.  Must  not  be  connected  with  any  premises 
used  for  unlawful  purposes.  It  shall  be  unlawful  for  any 
dealer  in  intoxicating  liquors  by  himself,  agent  or  servant,  to 
permit  the  room  wherein  he  is  licensed  to>  sell  liquor  tO'  be  in 
any  way  connected  with  any  room  wherein,  or  connected  with 
which  any  prostitution  or  lewd  practices  are  indulged  or  per¬ 
mitted  ;  or  wherein  any  prostitutes  are  permitted  to  visit  for 
any  purpose ;  or  wherein  any  women  are  permitted  for  any 
unlawful  purpose.  Under  this  rule  any  room  into  or  from 
which  there  are  any  means  of  entrance  or  communication  with 
the  place  of  business  of  such  licensee  by  door,  stair,  elevator, 
dumb  waiter,  speaking  tubes,  electric  apparatus,  or  other 
means  of  communication,  shall  be  deemed  connected  with  the 
place  of  .business  of  the  licensee,  whether  such  rooms  are  un¬ 
der  the  control  of  such  licensee  or  not. 

• 

Section  30.  Sale  of  liquor  to  Indians,  etc.,,  prohibited. 

No  intoxicating  liquor  shall  be  sold  to,  procured  for,  or  de¬ 
livered  to  an  Indian,  insane  person,  idiot,  or  to  a  minor,  either 


% 


16 


for  his  own  use  or  the  use  of  any  other  person,  except  for 
medicinal  purposes  upon  the  prescription  of  a  physician. 

Section  31.  Minor  falsely  representing  his  age.  Penalty. 

Every  person  under  the  age  of  twenty-one  years  who  shall 
for  the  purpose  of  obtaining  intoxicating  liquors  from  any 
licensee,  or  other  person,  falsely  represent  his  age,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
be  fined  for  each  offense  not  exceeding  twenty-five  dollars,  or 
be  imprisoned  not  exceeding  fifteen  day's  in  jail,  or  both,  in 
the  discretion  of  the  court.  Nothing  in  this  section  contained 
shall  excuse  any  sale  of  intoxicating  liquors  to  a  person  under 
the  age  of  twenty-one  years. 

Section  32.  Adulterations.  Any  retail  liquor  dealer  who 
shall  adulterate  or  mix  with  any  foreign  substance  any  in¬ 
toxicating  liquors,  or  shall  sell  or  otherwise  dispose  of  any 
such  liquor,  knowing  or  having  reasonable  cause  to  believe 
that  the  same  has  been  adulterated,  or  who  shall  mix  to¬ 
gether  different  kinds  of  liquors,  either  for  bar  purposes,  or  to 
be  sold  in  bottles,  shall  place  upon  the  container  where  such 
liquor  is  kept  and  upon  the  bottle  wherein  such  liquor  is  bot¬ 
tled  and  offered  for  sale,  a  label  or  stamp  setting  forth  in 
plain  and  legible  type  the  true  formula  of  such  adulteration 
or  mixture.  This  section  shall  not  be  construed  as  allowing 
the  use  for  adulteration  of  intoxicating  liquors  of  any  sub¬ 
stances  prohibited  by  Section  740,  Compiled  Laws  of  Utah, 
1907.  . 

Section  33.  In  case  of  riot  or  public  excitement,  saloons 
may  be  closed.  The  mayor  of  a  city,  the  trustees  of  a  town, 
and  the  commissioners  of  any  county,  may,  in  case  of  riot  or 
great  public  excitement,  order  persons  who'  hold  licenses,  not 
to  sell,  give  away  or  deliver  any  intoxicating  liquor  on  the 
licensed  premises  for  a  period  not  exceeding  seven  days  at 
any  one  time,  and  no  person  shall  by  himself  or  his  agent  or 
servant  sell,  give  away  or  deliver  any  intoxicating  liquor  in 
violation  of  an  order  given  under  the  provisions  of  this  sec¬ 
tion  ;  provided,  however,  that  if  the  licensed  premises  shall 
be  ordered  closed  for  a  period  of  more  than  one  week,  the 
licensee  shall  be  entitled  to>  have  refunded  a  pro>  rata  amount 
of  the  license  paid  during  the  time  the  licensed  premises  are 
so  ordered  to  be  closed. 


17 


Section  34.  Delivery  and  sale.  The  delivery  of  intoxi¬ 
cating  liquor  in  or  from  a  building,  booth,  stand  or  other 
place,  except  a  private  dwelling  house,  or  in  or  from  a  private 
dwelling  house  if  any  part  thereof  or  its  dependencies  is  used 
as  an  inn,  eating  house  or  shop  of  any  kind,  or  other  place  of 
common  resort,  such  delivery  in  either  case  being  to  a  person 
not  a  resident  therein,  shall  be  prima  facie  evidence  that  such 
delivery  is  a  sale. 

Section  35.  United  States  Internal  Revenue  Special  Tax 
Stamp  as  evidence.  A  certified  copy  of  entries  made  in  Record 
No.  10  of  the  records  of  the  U.  S.  Internal  Revenue  Collector 
showing  the  payment  of  the  U.  S.  Internal  Revenue  special 
tax  for  the  manufacture  or  sale  of  intoxicating  liquors,  shall 
be  prima  facie  evidence  in  the  courts  of  this  State  of  such 
manufacture  or  sale  by  the  party  named  therein  within  the 
period  set  forth  in  said  record. 

Section  36.  Prosecutions.  Evidence.  In  all  suits  -  or 
prosecutions  under  the  general  liquor  law  of  this  State  it  shall 
be  necessary  to  state  in  the  complaint  or  affidavit  the  time 
and  place  of  sale,  but  shall  not  be  necessary  to1  state  the  kind 
of  liquor  sold,  nor  to  describe  the  place  where  sold,  nor  to 
show  knowledge  of  the  principal  to1  convict  for  the  unlawful 
acts  of  the  agent  or  servant  committed  within  the  ordinary 
course  of  the  master’s  business,  provided  that  in  case  the 
principal  shall  show  that  he  had  no  knowledge  of  the  unlaw¬ 
ful  act  or  acts  of  his  agent  or  servant  SO'  committe/d,  such 
principal  shall  not  be  punished  by  imprisonment,  as  provided 
by  law ;  any  clerk,  servant,  employee,  or  agent  of  any  licensee 
or  other  person,  engaged  or  aiding  in  any  violation  of  any  of 
the  provisions  of  this  act  shall  be  charged  and  convicted  as  a 
principal. 

Section  37.  Suits  for  liquor  bills.  No  suit  for  liquor 
bills,  when  sold  in  less  quantity  than  five  wine  gallons  at  one 
time,  shall  be  maintained  in  any  court  in  the  state,  and  when 
it  shall  be  made  to  appear  that  any  promissory  note,  mort¬ 
gage,  or  other  obligation  on  which  a  suit  is  pending  was 
given  for  liquor  sold  in  less  quantity  than  five  wine  gallons  at 
one  sale,  and  that  the  plaintiff  or  one  of  several  plaintiffs  had 
knowledge  of  that  fact  at  the  time  he  acquired  such  note,  mort¬ 
gage,  or  other  obligation,  such  suit  shall  be  dismissed  at  the 


18 


cost  of  the  plaintiff,  except  such  sales  be  for  mediciAal,  me¬ 
chanical,  manufacturing,  art  or  sacramental  purposes. 

Section  38.  Sale  made  where  delivery  and  payment  were 
made.  That  in  all  cases  where  the  purchase  price  for  in¬ 
toxicating  liquors  is  paid  to  the  person  who  makes  manual 
delivery  of  any  such  liquors  to  the  vendee  thereof,  the  sale 
shall  be  held  to  have  been  made  in  the  place  where  delivery 
and  payment  were  made. 

Section  39.  Consignments  to  be  inscribed.  How.  It 

shall  be  unlawful  to  consign  intoxicating  liquors  from  any 
point  in  the  State  of  Utah  to  any  other  point  therein  except 
there  be  inscribed  on  the  exterior  of  the  outer  package  con¬ 
taining  said  vessels  in  legible  letters,  the  name  of  the  con¬ 
signee  ;  the  name  of  the  contents  and  quantity  contained  there¬ 
in,  and  it  shall  be  unlawful  to  consign  from  any  point  in  the 
State  of  "Utah  to  any  other  point  therein,  any  intoxicating 
liquors  to  a  fictitious  person  or  consignee,  or  in  the  name  of 
any  other  person  except  the  actual  bona  fide  consignee  there¬ 
of  ;  and  it  shall  be  unlawful  for  any  person  to  erase,  mutilate, 
remove  or  cover  up  said  inscription. 

Section  40.  Id.  Common  carriers.  It  shall  be  unlawful 
for  any  common  carrier  to  knowingly  receive  for  transporta¬ 
tion,  or  with  such  knowledge  to  transport,  from  any  point  in 
the  State  of  Utah  to  any  other  point  therein,  any  intoxicating 
liquors  except  the  vessels  containing  such  intoxicants,  and  the 
outer  packages  containing  said  vessels  shall  have  inscribed 
on  the  exterior  thereof  in  plain,  legible  letters,  the  name  of 
the  contents  and  quantity  contained  therein,  and  it  shall  be 
unlawful  for  any  common  carrier  to  knowingly  receive  for 
transportation  between  points  within  the  State  of  Utah,  any 
intoxicating  liquors  consigned  to  a  fictitious  person  or  con¬ 
signee,  or  to  deliver  any  intoxicating  liquors,  transported  as 
aforesaid,  to  any  person  except  the  actual  bona  fide  consignee 
thereof,  or  his  duly  authorized  agent. 

Section  41.  Unlawful  to  sell  within  five  miles  of  any 
camp,  etc.  It  shall  be  unlawful  for  the  board  of  county  com¬ 
missioners  of  any  county  in  this  state  to  grant  a  license  to 
any  person  to  sell,  barter,  exchange,  give  away  or  otherwise 
furnish  malt,  spirituous  or  vinous  liquors  within  five  miles  of 
any  camp  or  assembly  of  men  engaged  in  the  construction  or 


19 


repair  of  any  railroad,  canal,  reservoir,  public  work,  or  other 
kindred  enterprise,  where  twenty-five  or  more  men  are  em¬ 
ployed. 

,  Section  42.  Nuisances.  All  places  where  intoxicating 
liquors  are  manufactured,  sold,  bartered,  given  away,  or  oth¬ 
erwise  furnished  in  violation  of  law  or  where  persons  are  per¬ 
mitted  to  resort  for  the  purpose  of  drinking  intoxicating 
liquors  as  a  beverage  in  violation  of  law  or  where  intoxicating 
liquors  are  kept  for  sale,  giving  away,  or  otherwise  furnish¬ 
ing,  in  violation  of  law,  and  all  intoxicating  liquors,  bottles, 
glasses,  kegs,  pumps,  bars,  and  other  property  kept  in  and 
used  in  maintaining  such  a  place,  are  hereby  declared  to  be 
common  nuisances ;  and  every  person  who*  maintains  or  as¬ 
sists  in  maintaining  such  a  common  nuisance,  shall  be  guilty 
of  a  misdemeanor. 

Section  43.  Search  and  seizure.  If  any  county,  city  or 
town  attorney,  sheriff,  or  chief  of  police  or  marshal  of  any 
city  or  town  has  probable  cause  to  believe  that  intoxicating 
liquors  are  manufactured,  sold,  bartered,  given  away  or  other¬ 
wise  furnished,  in  violation  of  law  or  are  kept  for  the  purpose 
of  selling,  bartering,  or  giving  away  or  otherwise  furnishing 
in  violation  of  law,  it  shall  be  the  duty  of  such  county,  city 
or  town  attorney,  sheriff,  chief  of  police  or  marshal  of  any 
city  or  town  forthwith  to  make  and  file  with  a  judge  of  a 
district  court  or  a  justice  of  the  peace  in  the  county,  written 
information  supported  by  his  oath  or  affirmation,  that  he  has 
reason  to  believe,  and  does  believe  that  intoxicating  liquor 
is  being  manufactured,  sold,  bartered,  given  away,  or  other¬ 
wise  furnished,  or  is  being  kept  for  the  purpose  of  selling, 
bartering,  giving  away,  or  otherwise  furnishing,  in  violation 
of  law,  said  judge  or  justice  shall  upon  finding  probable  cause 
for  such  information,  issue  a  search  warrant,  directed  to  any 
peace  officer  in  the  county,  describing  as  particularly  as  may 
be,  the  liquor  and  the  place  described  in  said  information, 
and  the  person  named  or  described  in  said  information  as  the 
owner  or  keeper  of  said  liquor,  and  commanding  the  said  of¬ 
ficer  to  search  thoroughly  said  place,  and  to  seize  the  said 
liquor  with  the  vessels  containing  it,  and  all  implements, 
furniture  and  fixtures  used  or  kept  for  such  illegal  manufac¬ 
turing,  selling,  bartering,  giving  away,  or  otherwise  furnish¬ 
ing  of  such  liquors,  and  to  keep  the  same  securely  until  final 


20 


action  be  had  thereon ;  whereupon  the  said  peace  officer  to 
whom  such  warant  shall  be  delivered  shall  forthwith  obey  and 
execute  as  effectually  as  possible  the  commands  of  said  war¬ 
rant  and  make  return  promptly  of  his  doings  to  said  judge 
or  justice,  and  shall  securely  keep  all  liquors  so  seized  by  him 
and  the  vessels  containing  them  until  final  action  be  had 
thereon.  A  copy  of  said  warrant  shall  be  served  upon  the 
person  or  persons  found  in  possession  of  any  such  intoxicating 
liquor,  furniture  or  fixtures  so  seized,  and  if  no'  person  be 
found  in  the  possession  thereof,  a  copy  of  said  warrant  shall 
be  posted  on  the  door  of  the  building  or  room  wherein  the 
same  are  found.  If  admission  to  such  building  or  room  is  re¬ 
fused,  the  officer  directed  to  serve  the  warrant  is  hereby 
authorized  and  required  by  law  to  force  open  the  same.  If 
the  place  to  be  searched  be  a  dwelling  house  in  which  any 
family  resides,  and  in  which  no  tavern,  eating  house,  grocery 
or  other  place  of  public  resort  is  kept,  such  warrant  shall  not 
be  issued  unless  such  complaint  shall,  on  oath  or  affirmation, 
declare  before  said  judge  or  justice  that  he  has  reason  to 
believe  and  does  believe  that  within  one  month  next  before 
the  making  of  said  information  intoxicating  liquors  have 
been,  in  violation  of  law,  sold  or  otherwise  furnished  in  said 
house,  or  in  some  place  appurtenant  thereto,  by  the  person 
accused  in  said  information,  or  by  his  consent  or  permission. 

No  warrant  shall  issue  in  any  case,  unless  from  the  facts 
disclosed  by  such  information  the  said  judge  or  justice  shall 
find  that  there  is  probable  cause  to  believe  that  the  facts 
stated  in  said  information  are  true.  The  information  on  which 
said  warrant  is  issued  may  be  made  upon  information  and 
belief. 

Section  44.  Id.  Property  not  to  be  discharged.  When 

any  liquors,  vessels  or  other  property  shall  have  been  seized 
by  virtue  of  any  such  warrant,  the  same  shall  not  be  discharged 
or  returned  to  any  person  claiming  the  same  by  reason  of 
any  alleged  insufficiency  of  description  in  the  warrant  of  the 
liquor  or  place,  nor  by  writ  of  claim  and  delivery  or  other 
process,  but  the  claimant  shall  only  have  the  right  to  be 
heard  on  the  merits  of  the  case. 

Section  45.  Seizure.  Officer  to  make  returns.  Hearing. 
Judgment.  In  the  event  of  a  seizure  under  said  warrant,  the 


21 


officer  shall  forthwith  make  a  return  of  his  acts  thereunder, 
and  if  said  warrant  has  been  issued  by  a  justice  of  the  peace, 
and  by  said  return  it  appears  that  intoxicating  liquor,  vessels, 
implements,  or  other  things  used  for  the  purpose  of  selling  or 
otherwise  disposing  of  such  liquors,  contrary  to  law,  have  been 
found  upon  the  premises  described  in  said  warrant,  the  juris¬ 
diction  of  the  justice  of  the  peace  shall  thereupon  cease,  ex¬ 
cept  that  the  justice  issuing  such  warrant  shall  forthwith  cer¬ 
tify  the  record  and  all  files  to  the  district  court  of  the  county 
in  which  said  premises  are  situated  and  from  time  of  filing 
such  record  and  files  with  the  clerk  of  said  district  court  it 
shall  have  jurisdiction  to  proceed  with  said  cause  and  de¬ 
termine  the  merits  thereof  as  provided  by  law ;  and  the  clerk 
of  said  court  shall  fix  a  time  for  hearing  said  matter,  of  which 
notice  shall  be  given  as  provided  herein. 

In  all  cases  upon  the  filing  of  the  warrant  and  return 
of  the  officer  in  the  district  court  the  clerk  thereof  shall  fix  a 
time  for  hearing  said  matter  and  shall  cause  to  be  left  at  the 
place  where  said  liquor  was  seized,  and  if  said  place  be  a  dwell¬ 
ing  house,  store  or  shop,  posted  in  some  conspicuous  place  on 
or  about  said  building  and  also  to  be  left  with  or  at  the  last 
known  and  usual  place  of  residence  of  the  person  named  or 
described  in  said  information  as  the  owner  or  keeper  of  said 
liquor,  if  he  be  a  resident  of  this  State,  a  notice  summoning 
such  person  and  all  others  whom  it  may  concern  to  appear 
before  said  court  at  a  place  and  time  named  in  said  notice, 
which  time  shall  not  be  less  than  five  nor  more  than  fifteen 
days  after  the  posting  and  leaving  of  said  notices  and  show 
cause,  if  any  they  have,  why  said  liquor,  together  with  the 
vessels  in  which  the  same  is  contained,  and  other  property, 
should  not  be  forfeited ;  and  said  notice  shall  with  reasonable 
certainty,  describe  said  liquor,  vessels,  and  other  property, 
and  shall  state  where,  when  and  why  the  same  were  seized. 
At  the  time  and  place  fixed  in  said  notice,  the  person  named 
in  said  information,  or  any  person  claiming  any  interest  in 
said  liquor,  vessels  and  other  property  or  any  part  thereof, 
may  appear  and  show  cause  why  the  same  should  not  be 
forfeited.  If  any  person  shall  so  appear  he  shall  become  a 
party  defendant  in  said  cause,  and  said  court  shall  make  a 
record  thereof.  Whether  any  person  shall  so  appear  or  not, 
said  court  shall  at  the  time  fixed,  proceed  to  the  trial  of  said 
case,  and  the  county  attorney  shall  appear  before  said  court 


22 


and  prosecute  said  information,  and  show  cause  why  said 
liquor,  vessels  or  other  property  should  be  adjudged  for¬ 
feited.  The  proceedings  in  the  trial  of  such  case  may  be  the 
same  substantially  as  in  cases  of  criminal  prosecutions  be¬ 
fore  such  courts,  and  if  any  person  shall  appear  and  be  made 
a  party  defendant  as  herein  provided  and  shall  make  a  writ¬ 
ten  plea  that  said  liquor,  vessels  or  other  property  or  any 
part  thereof,  claimed  by  him,  was  not  owned  or  kept  with  in¬ 
tent  to  be  sold  or  used  in  violation  of  the  law,  such  party  de¬ 
fendant  may  demand  a  jury  to  try  the  issue  and  if  upon  the 
evidence  presented,  the  said  court  or  jury,  as  the  case  may 
be,  shall  by  verdict  find  that  said  liquor,  vessels  or  other 
property  was  when  seized,  owned  or  kept  by  any  person, 
whether  said  party  defendant  or  not,  for  the  purpose  of  being 
sold  or  used  in  violation  of  law,  the  said  court  shall  render 
judgment  that  said  liquor,  vessels  or  other  property,  or  any 
part  thereof,  be  forfeited.  If  no  person  be  made  defendant 
in  manner  aforesaid,  or  if  judgment  be  in  favor  of  all  the 
defendants  who  appear  and  are  made  such,  then  the  costs  of 
the  prosecution  shall  be  paid  as  in  ordinary  criminal  prosecu¬ 
tions  where  the  prosecution  fails.  If  judgment  shall  be 
against  only  one  party  defendant  appearing  as  aforesaid,  he 
shall  be  adjudged  to  pay  all  the  costs  of  proceedings  in  the 
seizure  and  detention  of  the  liquor  claimed  by  him  and  trial 
up  to  the  time  of  judgment.  But  if  said  judgment  shall  be 
against  more  than  one  defendant  claiming  distinct  interest  in 
said  liquor,  then  the  costs  of  said  proceeding  and  trial  shall 
be  according  to  the  discretion  of  said  court,  equitably  appor¬ 
tioned  among  the  said  defendants  for  the  amount  of  costs  so 
adjudged  against  them.  Any  person  appearing  and  becoming 
party  defendant  as  aforesaid  may  appeal  from  said  judgment 
of  forfeiture,  as  to  the  whole  or  any  part  of  said  liquor,  ves¬ 
sels  or  other  property  claimed  by  him  and  so  adjudged  for¬ 
feited. 

Section  46.  Destruction  of  seized  property.  Whenever 
it  shall  be  finally  decided  that  the  liquor,  vessels  or  other 
property  seized  as  aforesaid  is  forfeited,  the  court  rendering 
final  judgment  of  forfeiture  shall  issue  to  the  officer,  a  written 
order,  directing  him  forthwith  to  destroy  said  liquor,  vessels 
or  other  property  and  immediately  thereafter  to>  make  return 
of  said  order  to  the  court  whence  issued,  with  his  doings  en- 


23 


dorsed  thereon.  Whenever  it  shall  be  finally  decided  that  any 
liquor  so  seized,  vessels,  or  other  property  is  not  liable  to 
forfeiture,  the  court  by  whom  such  final  decision  shall  be 
rendered  shall  issue  a  written  order  to  the  officer  having  the 
same  in  custody,  or  to  some  other  peace  officer,  to  restore  said 
liquor,  vessels  or  other  property,  to  the  place  where  it  was 
seized,  as  nearly  as  may  be,  or  to  the  person  entitled  to  re¬ 
ceive  it,  which  order  the  officer  shall  obey,  and  make  return 
thereon  to  the  court  of  his  acts  thereunder,  and  the  costs  of 
the  proceeding  in  such  case  attending  the  restitution,  as  also 
the  costs  attending  the  destruction  of  such  liquor,  vessels  or 
other  property  in  case  of  forfeiture,  shall  be  taxed  and  paid 
in  the  same  manner  as  is  provided  in  case  of  ordinary  criminal 
prosecution  where  the  prosecution  fails. 

Section  47.  Arrest  without  a  warrant.  When  a  viola¬ 
tion  of  any  provision  of  this  act  shall  occur  in  the  presence 
of  any  sheriff,  constable,  marshal,  police  officer  or  other  of¬ 
ficer  having  power  to  serve  criminal  process,  it  shall  be  the 
duty  of  such  officer,  without  warrant,  to  arrest  the  offender 
and  seize  the  intoxicating  liquor,  vessels  and  other  property 
so  unlawfully  used,  and  to  take  such  offender  or  offenders  im¬ 
mediately  before  the  court  or  judge  having  jurisdiction  in  the 
premises,  and  there  make  complaint  under  oath,  charging  the 
offense  so  committed,  and  he  shall  make  return,  setting  forth 
a  particular  description  of  the  intoxicating  liquor,  vessels  and 
other  property  seized  and  of  the  place  where  the  same  was 
so  seized,  whereupon  the  court  or  judge  shall  issue  a  warrant 
commanding  and  directing  the  officer  to  hold  the  property  so 
seized  in  his  possession  until  discharged  by  due  process  of 
law,  and  such  property  shall  be  held  in  like  manner  as  if  the 
seizure  had  been  made  under  a  warrant  therefor. 

Section  48.  Construction.  In  this  act,  unless  the  text  or 
subject  matter  otherwise  requires 

“Cities”  includes  cities  of  the  first,  second  and  third 
classes. 

“Town”  means  incorporated  town. 

“County  Unit”  means  all  that  part  of  any  county  outside 
of  cities  and  towns,  and  such  county  unit  shall  be  designated 
by  the  name  of  the  county  in  which  it  is  contained. 


24 


Section  49.  Local  option  unit.  Each  city,  town  and 
county  unit  as  defined  in  the  preceding  section  of  this  act, 
shall  constitute  a  separate  and  independent  local  option  unit 
for  the  determination  for  itself  whether  the  sale  of  intoxicat- 
ing  liquors  shall  be  permitted  or  prohibited  within  such  city, 
town  or  county  unit. 

Section  50.  Elections.  Whenever  a  petition  therefor, 
signed  by  not  less  than  twenty-five  per  cent  of  the  registered 
voters  of  any  city,  town  or  county  unit  shall  be  filed  with 
any  city  council,  board  of  trustees  or  the  board  of  county 
commissioners,  as  the  case  may  be,  such  city  council,  board 
of  trustees,  or  board  of  county  commissioners,  as  the  case 
may  be,  shall  order  an  election  to>  be  held  at  the  time  pro¬ 
vided  in  this  act  to  determine  whether  the  sale  of  intoxicating 
liquors  shall  be  allowed  or  prohibited  in  such  city,  town  or 
county  unit,  except  as  provided  in  Section  51  of  this  act. 

Section  51.  Id.  The  first  election  hereunder  in  cities 
and  towns,  shall  be  mandatory  and  no-  petition  shall  be  re¬ 
quired  therefor,  and  such  election  shall  be  held  on  the  27th 
day  of  June,  1911.  Elections  in  county  units  shall  be  held 
only  on  petition  as  provided  in  the  next  preceding  section  of 
this  act.  Elections  hereafter  shall  be  held  only  on  the  last 
Tuesday  in  June  of  any  year;  provided,  that  after  the  holding 
of  an  election  to  determine  the  question  whether  intoxicating 
liquors  shall  be  permitted  or  prohibited  within  any  city,  town 
or  county  unit,  no  election  shall  be  held  in  any  such  city,  town 
or  county  unit,  upon  such  question  before  the  last  Tuesday  in 
June  in  the  second  calendar  year  thereafter,  and  then  only 
upon  petition  as  provided  in  Section  50  of  this  act. 

Section  52.  Id.  Petition  to  be  filed.  The  petition  for 
the  local  option  election  herein  provided  for  shall  be  filed  with 
the  city  recorder,  town  clerk  or  county  clerk,  as  the  case  may 
be,  not  less  than  sixty  days  nor  more  than  one  hundred 
twenty  days  before  the  day  of  election ;  except  as  to  elections 
petitioned  to  be  held  in  county  units  on  June  27,  1911,  and 
as  to  such  election  such  petition  shall  be  filed  not  less  than 
thirty  days  before  the  day  of  such  election.  The  elections 
provided  for  by  this  act  shall  be  held  at  .voting  place  or 
places  within  the  cities,  towns  or  county  units  petitioning 


therefor,  and  if  such  election  be  held  in  any  city  or  town  the 
judges  and  clerks  of  election  shall  be  appointed  and  qualified 
under  the  laws  relating  to  elections  in  cities  and  towns,  and 
if  such  election  be  held  in  any  county  unit  the  judges  and 
clerks  of  election  shall  be  appointed  and  qualified  under  the 
laws  of  the  state  relating  to  general  elections. 

Section  53.  Qualified  voters.  Any  person  shall  be  quali¬ 
fied  to  vote  at  any  election  held  in  any  city  or  town  hereun¬ 
der  who  was  qualified  to  vote  at  the  last  city  or  town  election 
in  the  voting  district  in  which  he  offers  to  vote,  and  any  per¬ 
son  shall  be  qualified  to  vote  at  any  election  held  in  any 
county  unit  hereunder  who  was  qualified  to  vote  at  the  last 
general  election  in  the  voting  district  in  which  he  offers  to 
vote ;  such  qualification  shall  be  shown  by  the  official  register 
used  at  such  last  city,  town  or  general  election ;  and  in  addi¬ 
tion  thereto  all  qualified  electors  who  may  register  as  herein 
provided,  or  who  shall  be  transferred  as  provided  by  law, 
shall  be  entitled  to  vote  at  any  election  under  this  act. 

Section  54.  Id.  Duties  of  county  clerk.  Prior  to  the 
time  for  registering  voters,  at  any  election  held  under  the  pro¬ 
visions  of  this  act,  the  county  clerk  of  each  county  of  the  state 
shall  prepare  an  official  register  of  the  voters  in  each  election 
district  affected  by  such  election,  if  such  election  be  for  any 
city  or  town,  by  making  a  list  in  alphabetical  order  of  the 
official  register  used  at  the  last  city  or  town  election,  as  the 
case  may  be,  and  if  such  election  be  in  any  county  unit,  by 
making  a  list  in  alphabetical  order  of  the  official  register  used 
at  the  last  general  election,  which  official  register  shall  be 
delivered  to  the  registry  agent  of  the  election  district,  at 
least  fifteen  days  prior  to  the  first  day  of  registration,  and 
shall  be  revised  by  adding  the  names  of  all  persons  registered 
on  the  proper  days  prior  to  the  election ;  provided,  that  the 
cost  of  making  such  lists  as  relate  to  cities  or  towns  shall  be 
paid  by  the  city  or  town  holding  such  election.  In  case  of 
election  in  any  county  unit,  if  any  voting  district  now  estab¬ 
lished  shall  include  territory  both  within  said  county  unit  and 
also  within  any  city  or  town,  the  county  commissioners  shall 
organize  a  new  voting  district  consisting  of  territory  wholly 
without  said  city  or  town  and  wholly  within  said  county  unit, 
and  registration  officers  and  judges  and  clerks  of  election 


26 


shall  be  appointed  under  the  general  election  laws  relating  to 
election  districts. 

Section  55.  Id.  Duty  of  registry  agents.  It  shall  be 

the  duty  of  the  registry  agents,  appointed  as  provided  by  law, 
at  any  time  when  called  upon  to  do  so,  at  their  respective 
offices  and  not  elsewhere,  between  the  hours  of  eight  o’clock 
a.  m.  and  nine  o'clock  p.  m.  of  the  first  Tuesday  in  June  and 
the  last  Friday  in  June  immediately  prior  to  the  election,  to 
receive  and  register  the  names  of  all  qualified  electors  apply¬ 
ing  for  registration. 

Section  56.  Id.  Offenses.  The  provisions  of  Chapter 
10,  Title  21,  Compiled  Laws  of  LTah,  1907,  defining  election 
offenses  wherever  applicable  shall  apply  to  and  are  hereby 
made  applicable  to  all  elections  held  under  the  provisions  of 
this  act. 

Section  57.  Form  of  petition.  The  form  of  petition  shall 

be  substantially  as  follows : 

PETITION  FOR  LOCAL  LIQUOR  ELECTION. 

We,  the  undersigned  legal  voters  of  (here  insert,  as  the 
case  may  be,  name  of  city,  town  or  county  unit),  respectfully 

petition,  that  on  the  last  Tuesday  of  June,  19 . .  an  election 

be  held  to  determine  whether  the  sale  of  intoxicating  liquors 
shall  be  allowed  or  prohibited  in  (state  name  of  city,  town  or 
county  unit),  and  each  for  himself  says:  I  have  personally 
signed  this  petition  and  my  residence,  postoffice  and  voting 
district  are  correctly  written  after  my  name. 

Name  Residence  Postoffice  Voting  District 

(Street  and  number,  if  any.) 

(Here  follows  twenty  lines  for  signature.) 

Such  separate  sheets  shall  be  fastened  together  in  one 
petition  and  .filed  as  a  whole. 

The  city  recorder,  town  clerk  or  county  clerk,  as  the  case 
may  be,  shall,  upon  receipt  of  such  petition  immediately  file 
the  same  and  shall,  if  such  petition  be  for  an  election  in  any 
city  or  town,  thereupon  compare  the  signatures  of  the  electors 
signing  the  same  with  the  names  on  the  registration  books 
and  blanks  on  file  in  his  office  for  the  last  city  or  town  elec¬ 
tion,  and  shall,  if  such  petition  be  for  an  election  in  any  county 


27 


unit,  thereupon  compare  the  signatures  of  the  electors  signing 
^  the  same  with  the  names  on  the  registration  books  and  blanks 

on  file  in  his  office  for  the  last  general  election.  If  the  requi¬ 
site  number  of  qualified  electors  shall  have  signed  the  pe- 
>  tition  and  if  the  same  is  in  substantial  conformity  with  the 

provisions  of  this  act,  he  shall  thereupon  see  that  it  is  en¬ 
tered  in  full  in  the  records  of  the  city  council,  board  of  trustees 
or  board  of  county  commissioners,  omitting  the  signatures, 
but  stating  the  number  of  signers. 

Section  58.  Notices  of  election.  Form.  At  least  twenty 
days  previous  to  any  election  hereunder,  the  city  recorder, 
town  clerk  or  county  clerk,  as  the  case  may  be,  shall  deliver 
to  the  chief  of  police,  marshal,  or  other  chief  peace  officer  of 
said  city  or  town,  or  sheriff  of  any  county,  at  least  three 
notices  of  the  election  for  each  voting  district  in  said  city, 
town  or  county  unit.  Said  notice  shall  be  substantially  in  the 
following  form : 

LIQUOR  ELECTION  NOTICE. 

Notice  is  hereby  given  that  on  Tuesday  the . day  of 

June,  19 .  an  election  will  be  held  to  determine  whether 

the  sale  of  intoxicating  liquors  shall  be  allowed  or  prohibited 
in  (here  insert  the  name  of  the  city,  town  or  county  unit) 
which  said  election  will  be  held  at  7  o’clock  in  the  morning 
and  shall  continue  until  7  o’clock  in  the  afternoon  of  said  day. 

Dated  this .  day  of  . . . 19. . . 


(City  Recorder,  Town  Clerk  or 
County  Clerk  of  the  City,  Town 
or  County  of . .......Utah) 

It  shall  be  the  duty  of  the  chief  of  police,  marshal  or 
other  chief  peace  office  of  such  city  or  town  or  sheriff  of  any 
county,  at  least  twelve  days  before  any  election  hereunder  to< 
cause  said  notices  to  be  posted  in  public  places  in  the  vicinity 
of  the  polling  place  or  places. 

Thereupon  the  city  recorder,  town  clerk,  or  county  clerk, 
as  the  case  may  be,  and  the  chief  of  police,  marshal  or  other 
chief  peace  officer  or  sheriff  of  any  county  shall  each  file  with 
the  city  council,  board  of  trustees  or  board  of  county  commis¬ 
sioners,  a  brief  statement,  under  oath,  of  their  compliance 


28 


with  the  provisions  of  this  section ;  such  statement  shall  be 
entered  in  the  records  of  the  city  council,  board  of  trustees 
or  board  of  county  commissioners,  and  such  record  shall  be 
prima  facie  evidence  that  all  the  provisions  of  this  section 
have  been  fully  complied  with. 

Section  59.  Ballots.  For  such  election  it  shall  be  the 
duty  of  the  city  recorder,  town  clerk  or  county  clerk,  as  the 
case  may  be,  to  arrange  ballots  and  have  them  printed  in  sub¬ 
stantially  the  following  form : 

BALLOT  IFOR  LIQUOR  ELECTION. 

Vote  for  or  against  the  sale  of  intoxicating  liquors  for 
beverage  purposes  for  the  city,  town  or  county  unit  of . u . 


Mark  X  in  the  square  to  the  right. 

For  Sale  . 


Against  Sale  | _ •_ 

There  shall  be  a  space  of  approximately  one  inch  between 
the  squares  in  which  the  voters  are  to  mark. 

It  shall  be  the  duty  of  the  city  recorder,  town  clerk  or 
county  clerk  as  the  case  may  be,  to  furnish  each  voting  dis¬ 
trict,  official  and  sample  ballots  equal  in  number  to  that  re¬ 
quired  at  city,  town  or  general  elections,  by  the  election  laws 
of  the  state,  and  at  the  times  and  in  the  manner  therein  re¬ 
quired.  Those  favoring  sale  of  intoxicating  liquors  shall  mark 
(X)  in  the  square  at  the  right  of  the  words,  “For  Sale”  and 
those  opposed  shall  mark  (X)  in  the  square  at  the  right  of  the 
words,  “Against  Sale."  At  any  election  held  under  this  law, 
judges  of  election  shall,  if  requested,  permit  one  person,  desig¬ 
nated  by  the  petitioners  and  also  one  other  person  to  be  des¬ 
ignated  in  the  same,  way  by  five  persons  known  to  be  opposed 
to  the  petitioners,  to  stand  outside  of  the  guard  rail  at  the 
polls  during  the  progress  of  the  ballot  as  challengers,  and  also 
during  the  counting  of  the  votes. 

Section  60.  Election  law  of  state  to  apply  when  not  other¬ 
wise  provided.  In  all  elections  hereunder,  in  all  matters  and 
proceedings  not  herein  specified,  the  provisions  of  the  election 


29 


laws  of  the  state,  relating  to  elections  in  cities,  towns  and  gen¬ 
eral  elections,  including  provisions  relating  to  expenses  of 
elections,  shall  apply  so  far  as  the  same  are  applicable. 

Section  61.  Returns.  In  case  of  elections  in  cities  and 
towns,  returns  shall  be  made  and  votes  canvassed  as  nearly  as 
possible  as  provided  for  votes  cast  at  city  and  town  elections ; 
and  in  case  of  elections  in  county  units,  returns  shall  be  made 
and  votes  canvassed  as  nearly  as  possible  as  provided  for 
votes  cast  in  general  elections ;  and  said  city  council,  board 
of  trustees,  or  county  commissioners,  as  the  case  may  be,  shall 
immediately  after  the  canvass,  make  an  order  declaring  the  re¬ 
sult  of  said  vote,  and,  if  a  majority  of  the  votes  cast  in  such 
city,  town  or  county  unit,  as  the  case  may  be,  are  “Against 
Sale,”  the  sale  of  intoxicating  liquors  within  such  city,  town 
or  county  unit  shall  after  the  date  fixed  in  the  proclamation 
hereinafter  provided  for,  be  unlawful  except  the  sale  by  drug¬ 
gists  or  pharmacists,  as  provided  in  this  act;  and,  if  a  majority 
of  the  votes  cast  in  such  city,  town  or  county  unit,  as  the 
case  may  be  are  “For  Sale,”  sale  of  intoxicating  liquors  within 
such  city,  town  or  county  unit,  as  the  case  may  be,  shall, 
after  the  date  of  the  proclamation  hereinafter  provided  for, 
be  permitted  as  in  this  act  provided.  The  order  thus  made 
shall  be  held  to  be  prima  facie  evidence  that  all  provisions  of 
law  have  been  complied  with  in  giving  notice;  of  and  holding 
such  election  and  in  counting  and  returning  the  votes  and 
declaring  the  results  thereof. 

Section  62.  Canvass  of  votes.  Declaration  of  results. 

The  mayor  of  any  city,  president  of  the  board  of  trustees  of 
any  town  or  the  chairman  of  the  board  of  county  commission¬ 
ers  of  any  county  unit  voting  upon  the  question  shall,  within 
five  days  after  the  votes  have  been  canvassed  and  the  result 
declared,  issue  his  proclamation  declaring  the  result  of  such 
election,  and,  if  the  result  be  “Against  Sale,”  declaring  that  the 
sale  of  intoxicating  liquors  within  such  city,  town  or  county 
unit  shall  be  unlawful  after  the  first  day  of  October  imme¬ 
diately  following  such  election;  and,  if  such  result  be  “For 
Sale,”  declaring  that  the  sale  of  intoxicating  liquors  shall  be 
permitted  after  the  date  of  such  proclamation,  as  in  this  act 
provided.  Such  proclamation  shall  be  published  for  five  days 
in  some  newspaper  published  in  the  city,  town  or  at  the 


30 


county  seat  of  the  county  in  which  such  county  unit  is  con¬ 
tained,  as  the  case  may  be,  or  in  lieu  thereof,  be  posted  in 
five  conspicuous  places  for  ten  days  in  said  city,  town  or  in 
one  conspicuous  public  place  in  each  voting  district  of  said 
county  unit,  as  the  case  may  be.  In  every  city,  town  or  county 
unit  that  shall  return  a  majority  vote  “Against  Sale,”  the  pro¬ 
hibitive  law  shall  take  effect  on  the  first  day  of  October  im¬ 
mediately  following;  provided,  that  no  license  for  the  sale  of 
intoxicating  liquors  in  any  city,  town  or  county  unit  shall  be 
granted  for  the  whole  or  any  part  of  the  period  between  the 
election  herein  provided  for  and  the  first  day  of  October  im¬ 
mediately  following,  except  to  a  person  who  held  a  license  on 
the  day  of  such  election,  and  as  to  such  person,  he  shall  be 
entitled  to  a  license  subject  to*  the  terms  of  this  act. 

Section  63.  Date  effective  where  majority  vote  is 
“Against  Sale.”  All  who  are  engaged  in  selling  intoxicating 
liquors  within  any  city,  town  or  county  unit  that  shall  return 
a  majority  vote  “Against  Sale,”  shall  after  the  thirtieth  day 
of  September  immediately  following  such  election,  cease  sell¬ 
ing  or  giving  away  any  intoxicating  liquors  within  such  city, 
town  or  county  unit,  and  any  person  who  shall  thereafter, 
within  such  city,  town  or  county  unit,  sell,  exchange,  barter, 
dispose  of,  or  otherwise  furnish  in  violation  of  the  provisions 
of  this  act,  any  intoxicating  liquors  whatsoever,  or  in  any 
way  violate  any  of  the  provisions  of  this  act,  shall  be  subject 
to  prosecution  under  the  laws  of  the  State  of  Utah,  and  shall 
be  punished,  unless  otherwise  stated,  as  provided  in  Section 
65  of  this  act. 

Section  64.  License  fee  for  unexpired  term  to  be  re¬ 
funded.  In  all  cases  where  any  person,  firm  or  association  of 
persons  pursuing  the  occupation  of  liquor  dealers  under 
license  issued  in  accordance  with  the  laws  of  this  State,  or  by 
any  municipality  in  this  State,  shall  be  prevented  from  pursu¬ 
ing  such  occupation  for  the  full  time  for  which  he  would 
otherwise  be  entitled  by  reason  of  any  election  provided  for 
in  this  act  resulting  “Against  Sale,”  the  proportionate  amount 
of  such  license  fee  paid  for  the  unexpired  term,  shall  be  re¬ 
funded  by  the  city,  town  or  county,  as  the  case  may  be. 

Section  65.  Violations.  Penalty.  Any  person  who  shall 
in  any  way  violate  any  of  the  provisions  of  the  law  of  this 


j 


31 


State  relating  to  the  manufacture  and  sale  of  intoxicating  li¬ 
quors  as  contained  in  Chapter  106,  Laws  of  Utah,  1911,  and 
all  acts  amendatory  thereof  shall  be  deemed  guilty  of  a  mis¬ 
demeanor  and  shall  be  punished  by  a  fine  of  not  less  than 
Fifty  Dollars  or  more  than  Two  Hundred  Ninety-Nine  Dol¬ 
lars,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
thirty  days  or  more  than  six  months,  or  by  both  such  fine  and 
imprisonment.  If  any  person  shall  be  convicted  a  second  time 
for  violating  any  of  the  provisions  of  the  law  of  this  State 
relating  to  the  manufacture  and  sale  of  intoxicating  liquors, 
as  set  forth  in  Chapter  106,  Laws  of  Utah,  1911,  and  all  acts 
amendatory  thereof,  such  person  shall  be  punished  for  such 
second  and  each  subsequent  violation  by  both  such  fine  and 
imprisonments 

Section  66.  Licenses  now  in  effect  to  be  annulled,  when. 

Refund.  All  licenses  granted  under  any  law  of  this  state  or 
under  any  city,  town  or  county  ordinance  shall  cease  and  be 
null  and  void  on  the  first  day  of  October,  1911,  unless  such 
license  is  sooner  terminated  by  its  own  terms,  or  otherwise. 
All  moneys  paid  upon  any  license  which  by  its  terms  extends 
beyond  the  first  day  of  October,  1911,  shall,  as  to  the  period 
after  such  date,  be  refunded  by  any  city,  town  or  county  to 
which  such  license  was  paid. 

All  licenses  granted  on  or  after  October  1,  1911,  shall  be 
granted  at  the  minimum  annual  rates  provided  in  this  act, 
unless  such  rates  shall  be  increased  as  herein  provided,  and 
the  amount  collected  from  any  licensee  shall  be  such  propor¬ 
tion  of  the  whole  annual  license  as  the  time  for  which  the 
license  is  granted  bears  to  the  whole  year. 

Section  67.  Provisions  of  this  act  not  applicable,  when. 
The  provisions  of  this  act  shall  not  be  construed  to  apply 
to  any  gift  by  any  person  in  case  of  any  injury  to  any  one  or 
in  case  of  emergency  for  medicinal  purposes,  nor  to  the  use  of 
such  liquors  in  the  homes  of  individuals  for  family  or  private 
use. 

Section  68.  Powers  of  cities,  towns  and  counties  to  re¬ 
strict  and  regulate  traffic.  Nothing  in  this  act  contained 
shall  prevent  or  prohibit  any  city  council,  board  of  commis¬ 
sioners,  board  of  trustees  or  board  of  county  commissioners, 


32 


from  enacting  restrictions  upon  and  regulations  of  the  traffic 
in  intoxicating  liquors  in  “wet  territory"  in  addition  to  but 
not  in  conflict  with  the  provisions  of  this  act ;  nor  shall  this 
act  or  any  provision  thereof  be  so1  construed  as  to  abridge  or 
limit  the  charter  powers  of  municipal  corporations  with  refer¬ 
ence  to  the  suppression  or  prohibition  of  the  said  liquor  traf¬ 
fic  in  “dry  territory"  within  this  State,  except  that  no1  munici¬ 
pal  corporation  shall  prohibit  or  hinder  what  is  permitted  un¬ 
der  the  provisions  of  Chapter  106  of  the  Laws  of  Utah,  1911, 
or  any  amendment  thereof,  applicable  to  such  corporation,  pro¬ 
vided,  that  a  conviction  or  an  acquittal  in  a  prosecution  for  a 
violation  of  any  of  the  provisions  of  said  Chapter  106,  or  any 
amendment  thereof,  or  for  a  violation  of  any  municipal  ordi¬ 
nance  adopted  as  permitted  in  this  section  hereof,  shall  be  a 
bar  to  any  prosecution  either  by  the  State  or  by  such  munici¬ 
pality,  against  the  same  person  for  the  same  act,  or  acts,  as 
those  for  which  such  conviction  or  acquittal  shall  be  obtained. 

Section  69.  Repeal.  Sections  1242  to  1260,  both  inclu¬ 
sive,  and  Sections  1260x  and  1260x1,  all  of  Title  39,  Com¬ 
piled  Laws  of  Utah,  1907,  are  hereby  repealed. 

Approved'  March  20th,  1911. 

Amended,  1913. 


